USPTO to raise certain fees 20% or more

With most increases set to take effect October 2, 2020.  FR 46932 USPTO Fee Increase, Table of Patent Fee Adjustments-FY2020 Final Rule The fee for a one month extension of time is increasing by 10% to $220, the fee for an IDS after receipt of a first office action is increasing 8% to $260, and […]

Federal Circuit calls a re-do, and then doubles down on misplaced 112 analysis in AAM v. Neapco

Sigh. On July 31, 2020, the Federal Circuit declined to hear AAM v. Neapco en banc (AAM v. Neapco denial of en banc hearing, but granted a petition for a panel rehearing, which didn’t mean “rehearing” so much as “we’ll add a few lines to our original opinion that actually manage to make things worse.”  […]

PTAB again holds that motivation to combine does not exist when art possesses the benefit, prior to modification

Motivation to combine is not present when benefit alleged to be provided by the combination is already present in the art Ex parte Allen, Appeal No. 2018-008208, July 1, 2020.  Allen’s claims were directed to a method of introducing a cable or plurality of cables into a longitudinally extending conduit using a pliant material having […]

The Commodores have come to the end of their rainbow with former bandmate, Thomas McClary

But at least there’s a pot of gold there.   Commodores v McClary Appeal Nos. 19-10791, 19-12819, July 23, 2020, 11th Circuit Court of Appeals. Thomas McClary and his company (collectively “McClary”) appealed the summary judgment and damages ruling of the district court, as well as denial of his motions to modify the scope of a […]

Shiver me timbers! The Ninth Circuit revives copyright infringement lawsuit against Disney’s Pirates of the Caribbean:Curse of the Black Pearl

Alfred v Disney , Appeal 19-55669, July 22, 2020 Plaintiffs Alfred et al. (“Alfred”) appealed the dismissal of their copyright infringement action against Defendants The Walt Disney Company et al. (“Disney”).  Alfred argued the dismissal was in error given the substantial similarities between their screenplay and the allegedly infringing film.  The 9th Circuit agreed, holding that […]

Reference to ASTM number not specific enough for the Federal Circuit

Pacific Coast Building v CertainTeed Gypsum, Appeal 2019-1524, Decided June 30, 2020. Pacific Coast Building Products Inc. sued CertainTeed Gypsum, Inc and Saint-Gobain Performance Plastics Corp. (collectively CertainTeed) for patent infringement of claim 21 of US Patent No. 9,388,568 (the “‘568 patent”) in the Northern District of California.  The ‘568 patent is directed to a […]

PTAB finds implied support for a negative limitation

In re Martin, Appeal 2019-004372, April 29, 2020 Appellant FMC Corporation is the Applicant of US Patent Application Serial No. 15/289,566, which is directed to growth media.  Claim 1 recites: 1.  A method for improving the growth of plant comprising applying a growth effective amount of a plant growth composition comprising a hydrated aluminum-magnesium silicate […]

Federal Circuit extends Arthrex to ex parte appeals

Boloro Global, 2019-2349, -2351, -2353, July 7, 2020 Boloro Global (“Boloro”) appealed three decisions from the PTAB affirming the examiner’s rejection of Boloro’s three patent applications – 14/222613, 14/222615 and 14/222616 – under section 101 to the CAFC in August of 2019. The CAFC subsequently decided Arthrex, holding that APJ’s were not constitutionally appointed. In […]

Industry standards for mounting brackets are necessarily functional, and thus not ornamental and not subject to design patent protection

Sattler Tech Corp. v. Humancentric Ventures, PGR2019-00030, Patent D823,093S, decided by PTAB July 26, 2019, designated informative June 11, 2020. Petitioner’s arguments Sattler Tech requested post grant review of US Patent No. D826,093S titled “VESA MOUNT ADAPTER BRACKET.”  FIG. 1 of the ‘093, reproduced below, shows a perspective view of the claimed bracket:     […]

Federal Circuit affirms PTAB’s use of “common sense” in invalidating BE Aerospace patents directed to airplane lavs

BE Aerospace v C&DZodiac, 2019-1935, 2019-1936, Fed. Cir. June 26, 2020 BE Aerospace (“BEA”) owns US Patent Nos. US9073641 and US9440742 directed to space-saving designs for airport lavatories.  Specifically, the challenged patents both claim a wall portion including first and second recesses to accommodate the aft support legs of an airline seat, and the seat […]